PUBLIC REASON IN PRACTICE—THE MORAL LEGITIMACY OF THE CONSTITUTIONAL COMPLAINT LODGED BY POLISH MPs CHALLENGING THE CONSTITUTIONALITY OF THE ABORTION LAW
PUBLIC REASON IN PRACTICE—THE MORAL LEGITIMACY OF THE CONSTITUTIONAL COMPLAINT LODGED BY POLISH MPs CHALLENGING THE CONSTITUTIONALITY OF THE ABORTION LAW

Summary/Abstract: In the paper, I analyse the argumentation which supports the constitutional complaint lodged by a group of Polish MPs which challenged the constitutionality of the provision which allows abortion in the event of grave and irreversible fetal defects or an incurable illness that threatens the foetus life. My considerations do not concern the legality of this action. Instead, I am interested in the issue of the moral legitimacy of the MPs’ action. I seek to establish whether their initiative is defensible in terms of public morality. The evaluation is conducted according to the principles of the most important contemporary concept of political legitimacy, which is John Rawls’ idea of public reason. Therefore, firstly, I give an account of the Rawlsian theory of public reason. I focus mainly on the conditions that determine the criteria of the legitimacy of political actions. Then I summarise the arguments which support the demand of the MPs concerned. Finally, in the main part of the paper, I evaluate their action in the light of the theory of public reason.

• Details
• Contents